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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

is a s48 required for a case on Ground 14

11 Jan 2021 | 2 comments

an ASB claim and no rent arrears, there is an AST unsigned and with no LLs address for service

LL address is the same as tenants

The L has moved overseas temporarily and has rented rooms out, he has no other address in eng / wales, can we put on the s48 the same address as the tenants ? or indeed is one required at all

Answer

2 Comments

  1. guildy

    It is a legal requirement for every landlord to provide a tenant with an address in England or Wales where notices can be served upon the landlord.

    The landlord will have to find some suitable address. Sometimes a landlord will use their solicitor or accountant for this purpose.

  2. holborn1977

    If the property is still the landlord’s main home, this would not be an AST but an excluded tenancy – that is, the renters would be lodgers. However, this will depend on the facts of the case, such as how many nights the landlord has spent in the property in the last year; had the landlord lived there for some time before renting out the rooms; does the landlord maintain a bedroom in the property with his/her possessions still there etc?

    If in any doubt, and seeing as the landlord will have to use the standard route to enforce anyway (forms N5 and N119), I would suggest also serving a notice to quit on the tenant as well as Section 8 then cite both notices on the claim.

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